Ex Parte BIENIAS - Page 3




          Appeal No. 2004-0391                                                        
          Application No. 08/724,315                                                  


               In a prior decision in this case (paper number 14, page 4),            
          the Board reversed the obviousness rejection of claims 2 through            
          5 because “[t]he only mention of inventory in Cornwell is the use           
          of a bill of materials 48 (Figure 3) to make purchases of                   
          materials to place in the cabinetmaker’s inventory (column 12,              
          lines 17 and 18),” because “Cornwell neither teaches nor would              
          have suggested to the skilled artisan adding a store’s inventory            
          of products and product availability to the products list                   
          database used by the cabinetmaker,” and because “the                        
          cabinetmaker’s inventory has nothing to do with the inventory               
          ‘available at a given store location and the expected timeframe             
          of when more of said components will be available at said                   
          location.’”                                                                 
               In the instant appeal, the examiner has added the teachings            
          of Johnson to the custom designed cabinet teachings of Cornwell.            
          With respect to the teachings of Cornwell, the examiner                     
          acknowledges (answer, page 3) that “Cornwell does not explicitly            
          disclose displaying the quantity available or the expected                  
          resupply date (backorder), nor updating the prices and quantities           
          within the inventory database.”  According to the examiner                  
          (answer, pages 3 and 4), Johnson discloses “a similar system for            
          ordering components through a network in which . . . the                    

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